PRAKASH Vs. STATE OF M.P.

JUDGEMENT

(1.) THE prisoner Prakah alias Badda by this petition seeks interference with the judgment of the Fourth Additional Sessions Judge, Indore, in Criminal Appeal No. 115 of 1982, maintaining the judgment of the Judicial Magistrate First Class, Indore, in Criminal Trial No. 1532 of 1981, finding the petitioner guilty of offence punishable under section 379 of the Indian Penal Code and considering his being a previous convict sentencing him to rigorous imprisonment for 2 (two) years.

(2.) ON 25th July, 1981, Mangilal (PW -1), at Sarafa, Indore, was buying some fruits, when the fruit -seller, noticing that the petitioner was running away with Mangilal -PW -1's bag containing three clothes kept on the earlier of his cycle, told Mangilal (PW -1) so. The petitioner was chased and soon caught hold of, with the bag containing clothes. He was taken to the Police Station where Mangilal (PW -1) lodged the First Information Report.

(3.) THE learned Magistrate taking these previous covictions into account, sentenced the accused -petitioner to rigorous imprisonment for two years. The petitioner thereupon, appealed to the Additional Sessions Judge but to no avail.